The Department of Health and Human Services Revises Drug Testing Custody and Control Form

Date   Aug 28, 2017

Executive Summary: On August 8, 2017, the Department of Health and Human Services (HHS) announced that the Office of Management and Budget approved its revised Federal Drug Testing Custody and Control Form (CCF). However, Department of Transportation (DOT)-regulated employers should not use the revised CCF at this time since the DOT has not authorized testing for new synthetic opioids included on the form and has not approved use of the new form.


The CCF is a document or paper trail showing the seizure, custody, control, transfer, analysis, and disposition of physical and electronic evidence of a human specimen test. The CCF must be used to document every specimen collection required by the DOT drug-testing program.

The new form contains two changes: one is cosmetic, while the other is more substantive. The first change clarifies the testing authority options, and the second change revises the substances for which an employee could test positive.

Specifically, the revised CCF includes the following changes:

  • In Step 1D:

    • Removal of the checkbox, the letters “DOT” and hash line in front of the text “Specify DOT Agency”

  • In Step 5A:

    • Addition of four new analytes (oxycodone, oxymorphone, hydrocodone, and hydromorphone)
    • Removal of the analyte methylenedioxyethylamphetamine (MDEA)

On January 23, 2017, the DOT proposed amending its drug testing regulations to harmonize with the revised Mandatory Guidelines established by the HHS for federal drug-testing programs for urine testing. The DOT has not yet issued a final rule authorizing the revised testing to include the new synthetic opioids. Therefore, DOT-regulated employers should not use the revised CCF for testing under 49 C.F.R. Part 40, which governs drug and alcohol testing for the federally regulated transportation industry. However, if the revised CCF is used inadvertently and the testing was consistent with Part 40, Medical Review Officers are to verify and report the result according to Part 40.

Employers’ Bottom Line:

Non-DOT-regulated employers may continue using the old form until June 30, 2018. However, if you are an employer that conducts drug and alcohol testing in accordance with Part 40, you should continue using the same CCF form that has been in effect since 2010. Once the DOT has issued its final rule on testing for synthetic opioids, it will likely approve the use of the new form. We will keep you updated on the progress of the final rule covering synthetic opioid testing.

If you have any questions regarding this Alert or related issues, please feel free to contact the author, Jacquelyn Thompson,, who is a counsel in our Washington, DC office. Jacki is a member of FordHarrison’s Airline Industry practice group. You may also contact the FordHarrison attorney with whom you usually work.